What to do if I was laid off during maternity leave?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I was laid off during maternity leave?

I was just laid off from a job while on maternity leave. I then filed for unemployment and all of a sudden my bosses think they may have “partial hours” available. My unemployment is now “pending.” They kept delaying my return before laying me off and now this? Communication has been poor and I am hesitant to return. What are my legal rights? This is a small business with less than 25 employees.

Asked on July 17, 2012 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, since your employer has less than 25 employees, it is not covered by either the federal Family & Medical Leave Act (50 employee minimum) or the Oregon Family Leave Act (25 employees). Therefore, there is no legally protected right to maternity leave, which means that you most likely could be laid off by your employer while on leave.

If you are being offered significantly less hours than before, you may still be able to file for unemployment--your obligation is to take jobs that are at least somewhat comparable, including in terms of compensation, to what you previously had. Alternately, you may be able, depending on the hours and pay, to take the job and also receive partial unemployment. You should contact your state labor department, the unemployment division, to check on eligibility.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption